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The Patry Copyright Blog: Grokster Debates
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The Patry Copyright Blog
Monday, May 23, 2005
Grokster Debates
On Friday (May 20th), I moderated a debate on Grokster at a joint annual meeting of the San Francisco and Los Angeles IP associations in Palm Springs. It was 105 degrees: appropriately for the temperature, on the panel were Judge Alex ("Easy Rider") Kozinski of the Ninth Circuit (and one of the Article III Groupie 's Super Hotties), Stanley Pierre-Louis , Director of Litigation for the RIAA (and top on anyone's list of people you would want to hang out with), and Michael Page , who represented Grokster at the lower court level. In November, at the Copyright Society of the U.S.A. in New York, I had moderated a similar debate between Judge Kozinski and Judge Posner, billed as the "Transylvanian Terminator versus the Chicago Crusher." That bill lived up to its name. It was a wild, wildly amusing, over-the-top, mano-a-mano theoretical combat between two of our most insightful judges. Judge Kozinski's libertarian streak was on full display, and that had the effect of making Judge Posner appear very conventional. The Kozinski-Posner debate took place before the oral argument in Grokster and in Palm Springs I was interested to see how the oral argument might have changed crystal ball looks at the outcome before the Supreme Court. I tried to set an appropriate tone in Palm Springs by wearing my Buttshark t-shirt , but the rudeness of the deadly-boring speaker before us in not ending anywhere near on time (droning on in yet another useless Power Point presentation consisting entirely of text that was read verbatim), and the absence of Judge Posner had the effect of dampening Judge Kozinski's naturally infectious nature. Presumably too, beating up on lawyers poses an unfair advantage for him, as well as being a bit of a busman's holiday. The bottom line Palm Springs crystal ball for the Supreme Court's outc"
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